Terms and Condition of Use

These Terms and Condition of Use govern your use of this site, which is provided by Fire Smarts, LLC.  By accessing this site, you are indicating your acknowledgment and acceptance of these Terms and Condition of Use.  These Terms and Condition of Use are subject to change by Fire Smarts, LLC, at any time in its discretion.  Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes.  Please consult these Terms and Condition of Use prior to every use for any changes.

ACCESS TO THIS SITE

You must be eighteen (18) years or older to access this web site.  Any person under eighteen years of age is not permitted to access this web site for any reason.  It is our policy to comply with all applicable laws related to children's privacy.  No information obtained by this web site falls within the Child Online Privacy Act (COPA) due to the age restrictions for use and is not monitored as doing so.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.  If Fire Smarts, LLC, believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

TERMINATION

Fire Smarts, LLC, reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

HYPER-LINKS

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Fire Smarts, LLC, and you acknowledge that Fire Smarts, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Fire Smarts, LLC and or it subsidiaries herein referred to as Fire Smarts, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fire Smarts, LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Condition of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Fire Smarts, LLC. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at support@firesmarts.com.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you:

1. Grant Fire Smarts, LLC and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and...

2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Fire Smarts, LLC will not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us. For information please contact us at support@firesmarts.com.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FIRE SMARTS, LLC ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FIRE SMARTS, LLC, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FIRE SMARTS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME FIRE SMARTS, LLC JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FIRE SMARTS, LLC LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Fire Smarts, LLC, you agree to defend, indemnify, and hold Fire Smarts, LLC harmless and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Fire Smarts, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses.

INTERNATIONAL USE

Fire Smarts, LLC makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms and Condition of Use shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Condition of Use or your use of this site shall be filed only in the state or federal courts located in the State of Arizona, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Fire Smarts, LLC with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Fire Smarts, LLC with respect to this site. If any part of these Terms and Condition of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last updated: 7/16/2008

Copyright © 2008 Fire Smarts, LLC, 70 Val Vista Dr. #181, Gilbert, AZ 85296